Last Updated: 13/11/2023
You should carefully read the Terms before using the Service ⚠️.
By creating an account and using the services, you are consenting to be bound by the terms. If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do not continue the installation process and immediately delete all installed files, if any, of the Product(s) and Platform from Your device(s).
By continuing to use the Services, You agree as follows:
👉 You are at least 18 years old or have been legally emancipated;
👉 You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
👉 You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by the company from time to time; and
Arbitration notice: except if you opt-out and except for certain types of disputes described in the dispute resolution section below, you agree that disputes between you and the Company will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You can opt-out of the arbitration agreement by contacting firstname.lastname@example.org within 30 days of accepting these terms.
What are the Services?
Overview of Services
The Platform may be used in association with certain Products provided by the Company. The Products are provided to You through the Company, but the Company does not manufacture the Products. Accordingly, the Company does not offer, and expressly disclaims, all device or product warranties with respect to the Products. The manufacturer of Your Product(s) may or may not offer a warranty, and We are happy to assist You in accessing any applicable manufacturer warranties that may be available to You. Please contact us at email@example.com for assistance.
The Product(s) provided to You through the Company are exclusive to the Company. You shall not connect the Product(s) to or use the Product(s) with any app or software platform other than the Platform. You are not permitted to use or allow any third party to use the Products other than in association with the Platform.
What does the company not provide?
✋ We do not provide medical advice
By accepting these Terms, You agree and acknowledge that We do not provide clinical, laboratory, or supplemental manufacturing services. Our role is limited to supporting and facilitating Your access to these products and services via Our Platform and Site(s). You agree and acknowledge that the company is in no way providing diagnosis or treatment to you. You further acknowledge and agree that the information, processes, products and other items referenced as part of the services are not intended as a recommendation or endorsement of any course of action, information, or product. We explicitly disclaim the creation of a provider-patient relationship with you.
⚠️ The services are not designed, intended, or appropriate to replace the relationship between healthcare professionals and patients or to address serious, emergent, or life-threatening medical conditions and should not be used in those circumstances.
If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Any medical advice provided by a provider and/or clinician using information from the Services is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. Questions and information collected through the Services are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments. The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
Further, a provider's or researcher's use of our services is not an endorsement or recommendation of such provider or researcher by us. The medical advice provided to you by your healthcare provider or any other professional is not under our control, nor do we provide it to you or use it.
We do not confirm the credentials of any healthcare professional using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining Your choice of healthcare professionals.
General information available through the Services about medical conditions, symptomatology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
✋We are not an insurance billing company
While We provide a convenient platform for users to access and track certain healthcare information, and for providers to offer certain healthcare services that may or may not be reimbursable by federal or state health insurance payors, We are not billing experts. Any information provided to You with respect to billing is for informational purposes only and should not be relied upon.
Who is eligible to use the Services?
You must register to create an account (“Account”) and become a registered user to access the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). Except for your email address and your insurance details, You may change or correct information directly in your Account.
If you need to make changes or corrections to other information, you may contact us at firstname.lastname@example.org. You agree not to register for an Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You represent that You are legally authorized to do so.
By registering for an Account and using the Services, You represent and warrant as follows:
👉 You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
👉 Your Registration Data is true, accurate, current, and complete;
👉 You will update Your Registration Data as needed to maintain its accuracy;
👉 You are authorized to create an Account (either for Yourself or another person);
👉 You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
NOTE ⚠️ This agreement is void where prohibited by law. Do not use the services where prohibited by law. You understand that your use of the services may involve or require the transmission of significant amounts of data. You are responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the services.
How will the Company notify you of changes to these terms?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, the Company reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by posting a new version of the Terms to the Platform and/or Site(s), as applicable.
If You continue to use the Services after we have informed You of the changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately discontinue Your use of the Services and terminate your Account directly from the Platform or by contacting Us at email@example.com.
Who owns the services and personal data?
Services ownership and use
The Company owns the Services, including all content and functionality You access through the Services. Subject to Your compliance with these Terms, the Company grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Platform.
The services are for Your personal and non-commercial use only and You may not resell or sublicense Your access to the Services. You may not use the Services for any other purpose than what is allowed under these Terms without Company’s express written permission.
You may not use Company’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Company’s or such third party’s sponsorship or affiliation with any product or service without express written permission from the Company or such third party.
Data ownership and use
What are you not allowed to do with the Services?
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Services.
While using the Services, You shall not:
- Provide false, misleading, or inaccurate information to Us or any other user;
- Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party;or (iii) in any manner not permitted by these Terms;
- Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without Our consent;
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to use the Services;
- Access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services;
- Post or transmit any unsolicited advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading ,or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Services;
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability;
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services;
- Connect or use the Device(s) with any application or software platform other than Our Platform or Site(s);
- Encourage or enable any other individual to do any of the above.
We are not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to.The Company reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
How should you protect your login information?
The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.”
You are solely responsible for:
👉 Maintaining the strict confidentiality of Your User Credentials;
👉 Not allowing another person to use Your User Credentials to access the Services;
👉 Any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities.
You agree to immediately notify the Company in writing by email at firstname.lastname@example.org of any unauthorized use of Your User Credentials or any other compromise of the security of Your Account.
⚠️ We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. We are not and shall not be liable for any harm arising from or relating to the theft of your user credentials and/or any resulting access to your data, your disclosure of your user credentials, or the use of your user credentials by another person or entity regardless of whether you were aware of such use.
You may be held liable for any losses incurred by the Company and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your Account or password, regardless of whether You were aware of such use.
How does the Company protect your privacy?
We are not responsible for nor liable to You or any third party for a third party’s treatment of Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Data, whether or not such treatment violates applicable law.
Computer equipment and internet access
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
There are always certain security and access availability risks associated with using open networks such as the internet, and you expressly assume such risks.
Opting-out of communications from the Company
We may send communications, including emails and text messages, to You regarding Your Account and the Services. You can choose to filter any Account and Services emails or text messages using Your email and text messages settings, but we do not provide an option for You to opt out of these communications.
If You consent to receive marketing or other communications not related to Your Account or the Services, We will provide You with the option to opt out of such marketing communications within the applicable message.
Third-parties and third-party sites
We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, business practices, information, resources, applications, and other content ("Third Party Matters") available on or through any third-party sites or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the third-party matters.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.
To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. If you do not understand or do not agree to be bound by those additional terms and conditions, do not use the related third-party services.
Your representations and warranties
In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Our policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, you represent and warrant that you are legally authorized to share data (belonging to yourself or others on whose behalf you are submitting such data) with us.
Warranty disclaimers and limitations of liability
The services are provided “as is,” without warranty of any kind, either express or implied. Without limiting the foregoing, the Company explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or usage of trade. The Company makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality of any products, application, or materials accessed or purchased through the application or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the services.
No advice or information, whether oral or written, obtained from us or through the application or materials, will create any warranty not expressly made in these terms.
You are solely responsible for all of your communications and interactions with the Services and with other persons with whom You communicate or interact as a result of Your use of the services, including, without limitation, patients, providers, clinicians/caregivers, or authorized third parties.
You understand that the Company does not take responsibility for screening or inquiry into the background of any users of the services, including, without limitation, providers and/or clinicians/caregivers, nor does the Company verify or take responsibility for the statements of any such users of the services. The Company makes no representations or warranties as to the conduct of users of the services, including, without limitation, providers and/or clinicians/caregivers.
The Company cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. The Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications, or personalization settings. It is Your responsibility to backup any information You enter into the site or platform.
Your responsibilities for loss or damage
You agree that your use of the services is at your sole risk. You will not hold the Company or its third-party service providers, licensors, or suppliers, as applicable, responsible for any loss or damage that results from Your access to or use of the services, including, without limitation, any loss or damage to any of your computers, mobile devices, or data.
Limitations of liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services remains with you. Neither the Company nor any other person or entity involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or applications, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the services, or from any communications, interactions, or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, even if a limited remedy set forth in these terms is found to have failed in meeting its essential purpose.
If You are dissatisfied with the services or these terms, Your only remedy is to discontinue using the services.
For the avoidance of doubt, if You are dissatisfied with the healthcare services You are receiving from a provider, you may have additional remedies regarding the provision of healthcare services.
You acknowledge that if You use the Services during or in relation to an emergent, serious, or life-threatening condition, such use is at Your sole risk. The Company is not liable to you or any person for any decision made or action taken in reliance upon information included as part of the services.
The Company is not liable to any user or person for any harm caused by the negligence or misconduct of any providers or clinicians/caregivers, whether or not relying upon information collected, generated, or stored via the services.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to You. In such states, company’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00. Any claim arising from the usage of the Services must be brought within two (2) years of the occurrence of the event from which the claim arose.
Exceptions to Agreement to Arbitrate
We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these terms.
Opt-Out of Alternative Dispute Resolution Process
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
You understand and agree that, by not opting out of the alternative dispute resolution process described, You waive any right to a jury trial to which You may otherwise be entitled in connection with any action or litigation in any way arising out of or related to these terms.
If You opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of San Diego, California in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
General contract terms
These Terms shall be governed by the laws of the State of California without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Us via email (in each case to the address that You provide); and/or (ii) by posting to the Site or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Us electronically satisfies any legal requirement that such notice be in writing. You alone are responsible for ensuring that your email address on file with us is accurate and current , and notice to You shall be deemed effective upon the sending of an email to the address we have on file.
You shall give any notice to Us by email to firstname.lastname@example.org. Notice to Us shall be effective upon receipt of notice by Us.
No inadvertent waiver
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual property rights
“ Intellectual Property Rights”means all intellectual property rights or similar proprietary rights , including: (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by the Company or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting Dreem Health
Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at email@example.com, or at our mailing address: 825 Pollard Rd. Suite 100, Los Gatos, CA. 95032